EB-3 Dismissed — Food Manufacturing (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's net income in 1997 was less than the proffered wage, and its net current assets were significantly negative, which did not support the conclusion that the job offer was realistic.

Criteria Discussed

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